Victims of Crime and the State Prosecution Service

Information

If you are a victim of crime, you may be concerned about whether the crime will be prosecuted and whether the perpetrator will be brought to justice.

The State Prosecution Service is a service provided by the Office of the Director of Public Prosecutions (DPP). The Chief Prosecution Solicitor acts as solicitor to the DPP. Prosecution solicitors represent the DPP in all courts in Dublin while local State Solicitors represent the DPP in courts outside Dublin.

The Director of Public Prosecutions enforces the criminal law in the courts on behalf of the people of Ireland, directs and supervises public prosecutions on indictment in the courts, and gives general direction and advice to the Garda Síochána in relation to summary cases and specific direction in such cases where requested.

The DPP's Office is totally independent - the Government cannot order the DPP to prosecute or not to prosecute any particular case.

Although nearly all prosecutions are formally taken in the name of the DPP, the decision about whether to prosecute in most cases is actually made by the Gardai. However, the decision to prosecute in the most serious cases (e.g., murder, sexual offences) is made only by the DPP.

If the DPP decides not to prosecute in a particular case, the reasons are given to the investigating Gardai and are kept confidential.

The DPP and his staff do not meet the victims to discuss decisions. Victims may write to the DPP.

The DPP has given the following undertakings in relation to victims of crime:

• to have regard to any views expressed by victims when making decisions in specific cases whether or not to prosecute
• to examine any request from a victim for a review of a decision not to prosecute
• to seek a review of sentences which he considers unduly lenient

The DPP has decided on a pilot basis to give reasons for decisions not to prosecute in cases involving deaths, where the alleged offence occurs on or after 22 October 2008. Reasons will be given in writing, where possible, if a request is made by a member of the deceased's family or household. These reasons will not be made available to the public at large. More information on the giving of reasons pilot project is available on the DPP's website.

The prosecution solicitor (in all courts in Dublin) or the local State Solicitors (in courts outside Dublin) work with victims in the following ways:

• They to work with the Garda Síochána to ensure that the victim is kept informed of developments in relation to the prosecution especially those of a violent or sexual nature
• At the victim’s request, they facilitate a pre-trial meeting between the victim and the solicitor and barrister (counsel) dealing with the case to discuss the case. The purpose of this meeting is to explain the trial process to the victim. They do not discuss evidence with witnesses in advance of a case.

When a court has found a person guilty, it will decide on the sentence. If the DPP considers the court sentence to be too lenient, it may appeal the sentence to the Court of Criminal Appeal. The DPP cannot appeal against a sentence given in the District Court.

Further information on what happens when a file goes to the DPP is available on the DPP's website